7—(1) The Department must issue a code of conduct for special advisers within 2 months of this section coming into operation.
(2) Without prejudice to the generality of subsection (1), the code must provide that special advisers must not—
(a)authorise the expenditure of public funds,
(b)exercise any power in relation to the management of any part of the Northern Ireland Civil Service, or
(c)otherwise exercise any power conferred by or under any statutory provision, or any power under the prerogative.
[F1(3) Within the Executive Office the code may permit a special adviser to exercise any power mentioned in subsection (2)(b) in relation to another special adviser in that office.]
[F2(3A) Without prejudice to the generality of subsection (1), the code must provide that special advisers are subject to the processes and procedures of the disciplinary code operative in the Northern Ireland Civil Service, as that code applies to special advisers, and that there can be no Ministerial interference.
(3B) Subject to subsection (3A), a Minister who appoints a special adviser is responsible for their management, conduct and adherence to the code of conduct.
(3C) For the purposes of subsection (3A), the following are not Ministerial interference—
(a)the carrying-out of a role given to a Minister by the disciplinary code mentioned in that subsection;
(b)the termination of a special adviser’s appointment by the appointing Minister outside of, or before the conclusion of, any process or procedure under that code.]
(4) The Minister of Finance and Personnel must lay the code before the Assembly as soon as possible after it has been issued.
(5) The code forms part of the terms and conditions of appointment of special advisers.
Textual Amendments
F1S. 7(3) substituted (22.3.2021) by Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (c. 3), ss. 1(2), 14(2)
F2S. 7(3A)-(3C) inserted (22.9.2021) by Functioning of Government (Miscellaneous Provisions) Act (Northern Ireland) 2021 (c. 3), ss. 1(3), 14(1)